
Does commercial speech deserve the same freedom from governmental interference as do noncommercial forms of expression? Examination of this question forces a reappraisal of the grounds upon which freedom of expression rests. I urge an analysis of those grounds which founds freedom of speech upon the requirements of individual autonomy over against society. I then apply the autonomy analysis to commercial expression by examining the empirical features which distinguish commercial forms of expression. Some such features - e.g., “triviality” — have been cited by others as justification for limiting the freedom accorded commercial speech, but I reject the power of those features to limit freedom of expression. Instead, I identify three features of commercial expression which are relevant to the task: resiliency (coupled with potential for abuse), action-orientation, and intimate connection with conventional commercial structures. I discuss the implications of these features for legitimizing governmental restriction of freedom in commercial expression, with the general conclusion that such restriction must be more severely limited than is commonly thought.
| selected citations These citations are derived from selected sources. This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | 1 | |
| popularity This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network. | Average | |
| influence This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically). | Average | |
| impulse This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network. | Average |
